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RIVERDALE MILLS CORP. v. PIMPARE

No. 04-1626.

392 F.3d 55 (2004)

RIVERDALE MILLS CORP. and James M. Knott, Sr., Plaintiffs, Appellees, v. Justin PIMPARE and Daniel Granz, Defendants, Appellants, United States; Three Unknown Named Agents of the United States Environmental Protection Agency; and Stephen Creavin, Defendants.

United States Court of Appeals, First Circuit.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Jeffrey S. Bucholtz, Deputy Assistant Attorney General, with whom Peter D. Keisler, Assistant Attorney General, Michael J. Sullivan, United States Attorney, Barbara L. Herwig, Attorney, Appellate Staff, Civil Division, Department of Justice, and Richard A. Olderman, Attorney, Appellate Staff, Civil Division, Department of Justice, were on brief, for appellants.

Paul D. Kamenar, with whom Warren G. Miller, Henry T. Dunker, Daniel J. Popeo, and the Washington Legal Foundation were on brief, for appellees.

Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

LYNCH, Circuit Judge.

This case involves another episode in the ongoing saga of disputes between the owner of a mill and the United States Environmental Protection Agency (EPA). An earlier episode is recounted in United States v. Knott, 256 F.3d 20 (1st Cir.2001). This episode involves issues of qualified immunity for EPA inspectors who took wastewater samples.

James M. Knott, Sr., and Riverdale Mills Corporation (...

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